Ben Kempinen Files Amicus Brief in State v. Conger

Posted: 2009.11.2

Professor Ben Kempinen, director of the Prosecution Project at the Law School's Frank J. Remington Center, filed an amicus brief in the case of State v. Conger, now pending before the Wisconsin Supreme Court.

Given that the vast majority of Wisconsin criminal cases are settled
rather than tried, the question of when a trial judge may refuse to
accept a proposed plea agreement is an issue of ongoing interest. Kempinen's brief recommends that the Supreme Court announce a rule requiring judicial deference to reasonable prosecutor charging decisions, a view supported by the State Department of Justice, the Wisconsin District Attorney's Association, and the Wisconsin Association of Criminal Defender Lawyers.